Land Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB land law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).
These were the best Land Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highest results in ...
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Creation, assignment and registration of leases
Creation
This is regulated by our old friend the LPA 1925
Number of things required:
S.53(1)(a): All interests must be created by writing signed by the person creating the interest
S.52(1): Must be created by deed
S.54(1): All other interests created by parol but not writing have the effect as interests at will only, notwithstanding any consideration given.
Two principal exceptions:
Assent by personal representative only requires writing
Short leases need not be entered into with great formality
Indeed. s.54(2): If lease of period not exceeding three years
Then oral lease is acceptable
So long as stipulates
best rent which could be reasonably obtained without taking a fine
And possession is taken immediately (so lease can’t be postponed)
LRA 2002 Sch 1 para 1: Legal leases of less than seven years are overriding interests so long as not discontinuous nor future leases
Equally s.33(2)(b): three year leases can’t be registered.
Smith: However, leads to fine distinctions re: “immediate possession”= agreement for lease for a year granted in six months will be fine
As it is an agreement for immediate possession after grant
Whereas agreement for immediate lease to take effect in a few days will fall out of the statute.
Registration
Legal lease exceeding seven years may be registered in same way as fee simple
Means could be number of legal titles on same plot of land
Smith: point of doing this is protect long leases where freehold land is not actually registered.
And also to prevent the register of interests on a freehold covenant becoming unduly cumbersome.
Compulsory Registration
LRA 2002 S.4(2) Whether Landlord title registered or not, every grant of lease for more than seven years must be registered
Otherwise you get no legal estate.
Exceptions to 7 year rule
Future lease under which possession will be taken in the future must be registered
Because they represent a trap to purchasers.
Therefore not an overriding interest (no occupation) and must be registered to have effect. Under LRA 2002
LRA 2002 s.3(4) For similar reasons discontinuous leases must be registered.
The impact of Electronic Conveyancing
Electronic Communications Act 2000 s.91
Provides that so long as
All terms incorporated
Date and time of contract is provided for
And electronic signatures of persons are certified
Then no need to comply with writing requirements of LP(MP)A 1989 s.2
Land Registration Act 2002 s.91
Applies to any disposition of a registered interest or interest protected by notice on the register
And means that it must have a valid electronic disposition
Which is treated as a deed for statutory purposes.
Smith: significance of this goes beyond the simple replacement of conventional documentation
Means that all entries will be placed on register...
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Land Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB land law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London).
These were the best Land Law notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LLB samples from outstanding law students with the highest results in ...
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